When will Brussels really apply interim measure?

Do we really have to wait 14 years for a definitive ruling in a case between the Commission and a tech giant that has been abusing its dominant position ever since?

While the members of the Open Internet Project (OIP) welcome the conclusions of the Advocate General, who is proposing that the Court of Justice of the European Union confirm the 2.4 billion euro fine imposed on Google for having favored its own product comparator, they point out that the case was opened 14 years ago, that the fine has still not been paid, even partially, and that no effective measures have been put in place to restore competition on the product comparator market!

The association, which brings together European players in the tech sector, has for years been drawing the European Commission’s attention to the lack of an effective instrument for bringing anti-competitive practices to a rapid end. Indeed, it is pushing for interim measures to be operationalized at European level, which would require only a few words of regulatory change[1]: replace the criteria of “irreparable damage” – which is impossible to prove – with “immediate damage”, as is the case in France, in order to make interim measures operational.

« Interim measures are the only way to quickly put an end to a practice qualified as anti-competitive, in just a few months. Time is the ally of monopolies, and Google Shopping has been taking advantage of this for over 14 years! We reiterate our call to the Commission to initiate a very simple process aimed at revising the criteria for applying interim measures, so that they can become a powerful legal tool, enabling Europe to fight effectively against abuses of dominant positions! »
says Léonidas Kalogeropoulos
General Delegate of the OIP
« All the legal experts are unanimous: the fine imposed on Google is justified, its anti-competitive behavior is proven. How is it then that we have to wait 14 years for a definitive sentence? What alternative player can survive 14 years facing an all-powerful competitor who abuses its monopoly and can obviously get away with anything? Let's give the European Commission the resources it needs to rapidly restore balance to the European digital market! »
says Quentin Adam
President of the OIP

[1] Council Regulation (EC) No 1/2003 of 16 December 2002 on the implementation of the rules on competition laid down in Articles 81 and 82 of the Treaty


Léonidas Kalogeropoulos, Délégué Général : +33607315126 –  l.k@openinternetproject.eu

Anaïs Strauss, Chargée de mission :+33757503010 – anais.strauss@openinternetproject.eu

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